Second-Class Citizens? The Diaspora Vote, Tinubu’s Vote-or-Jail Bill, and the Hypocrisy of APC’s Electoral Reform

By George Omagbemi Sylvester

In a baffling twist of priorities, the All Progressives Congress (APC)-led administration under President Bola Ahmed Tinubu has reportedly passed a bill mandating the arrest of any Nigerian who fails to vote in an election. While the idea of compulsory voting may appeal to those who advocate civic responsibility, it reeks of hypocrisy in a country where over 20 million Nigerians in the diaspora are systematically excluded from the democratic process. If non-voting is now a crime, then disenfranchisement must be a constitutional violation. If we are to arrest citizens for not voting, should we not first arrest the system that refuses to allow them to vote?

The Absurdity of Forcing Participation Without Inclusion

Compulsory voting laws are often seen in countries like Australia and Belgium, nations with functioning democracies, credible electoral processes and inclusive systems. Nigeria, in contrast, suffers from endemic voter apathy, widespread disenfranchisement and most damning of all, the intentional exclusion of the diaspora community from elections. A government that cannot ensure the votes of its overseas citizens has no moral standing to criminalize non-voters within its borders.

Nigeria has one of the largest diaspora populations in the world, estimated at over 17 to 20 million people across the globe. These are not passive exiles but hardworking, patriotic Nigerians who send back over $20 billion annually in remittances, funds that have become more reliable than crude oil in supporting the national economy. According to the World Bank, remittances from the Nigerian diaspora reached $20.13 billion in 2022, surpassing Foreign Direct Investment (FDI) and Official Development Assistance (ODA) combined. Yet, these same Nigerians are locked out of the very political system they sustain.

Are We Not Nigerians Too?

Diaspora Nigerians pay taxes indirectly through various fees, contribute to economic growth, invest in real estate and help fund education, healthcare and infrastructure back home. Many hold dual citizenships but remain proudly Nigerian in identity and action. Why then are they denied the right to vote?

The 1999 Constitution of the Federal Republic of Nigeria, as amended, grants all Nigerian citizens the right to vote. Nowhere does it state that this right is extinguished once one boards an international flight. The deliberate failure to enact a Diaspora Voting Bill despite multiple legislative attempts exposes the political cowardice and electoral insecurity of the ruling elite.

In 2021, the House of Representatives rejected the diaspora voting bill, citing logistical concerns and national security risks. Yet, the same government can organize foreign loans in China, sign oil deals in Saudi Arabia and chase dubious investments in Dubai but cannot secure a few polling booths in London, Washington or Johannesburg? That is not logistical incapacity, it is willful disenfranchisement.

The Irony of APC’s Vote-or-Jail Law
The idea that Nigerians who refuse to vote could face arrest or criminal prosecution is as authoritarian as it is absurd. Voting is a right and not a military order. It is not enough to say “vote or go to jail,” especially when the electoral environment is riddled with violence, vote-buying, rigging and voter suppression.

According to Yiaga Africa, the 2023 general elections witnessed widespread irregularities, including result manipulation, voter intimidation and the failure of INEC’s Bimodal Voter Accreditation System (BVAS). In Lagos, thugs brazenly warned Igbo voters not to cast their votes or face attack. Is this the democracy citizens are being jailed to participate in?

Moreover, forcing people to vote in a system where their votes do not count amounts to state-sanctioned psychological torture. Instead of threatening jail time, the Tinubu administration should be fighting tooth and nail to make every vote count, including votes from the diaspora.

Global Standards vs Nigerian Exceptionalism
Countries like Ghana, South Africa, Kenya and even war-torn nations like Somalia have extended voting rights to their diaspora citizens. Ghana passed the Representation of the People (Amendment) Act, 2006 (ROPAA) to allow Ghanaians abroad to vote. In South Africa, the Electoral Amendment Act of 2003 enables South African citizens living overseas to participate in national elections.

Why is Nigeria, Africa’s self-proclaimed giant still dragging its feet? The answer is simple: the diaspora is unpredictable, informed and not easily manipulated. They are more likely to vote based on performance and integrity rather than tribal loyalty or stomach infrastructure. In short, they pose a threat to the status quo.

Intellectual and Moral Backing
Nobel Laureate Prof. Wole Soyinka once stated, “The man dies in all who keep silent in the face of tyranny.” Denying diaspora Nigerians the right to vote while jailing those at home for non-voting is nothing short of tyrannical hypocrisy. Likewise, Chinua Achebe, in his seminal work The Trouble with Nigeria, wrote, “The trouble with Nigeria is simply and squarely a failure of leadership.” No quote better encapsulates the present situation.

Constitutional lawyer Femi Falana (SAN) has repeatedly called for diaspora voting, stating in 2021 that “It is unjust and unconstitutional to deny Nigerians abroad the right to vote simply because they do not reside within Nigeria.”

Political scientist Dr. Chidi Odinkalu echoed this view, arguing that “The refusal to allow Nigerians in the diaspora to vote is a strategic denial of political participation aimed at protecting electoral hegemony.”

The Path Forward: A Call to Action
It is time to turn outrage into organized advocacy. The Nigerian diaspora must mobilize through legal channels, civil society, diplomatic pressure and international human rights organizations to demand their inclusion in national elections. The Independent National Electoral Commission (INEC) must be compelled by law to create secure, transparent voting platforms for diaspora Nigerians, starting with presidential elections.

Furthermore, we must hold our legislators accountable. The National Assembly must be reminded that their salaries are partly funded by diaspora remittances. If they refuse to legislate in the interest of all Nigerians, then perhaps it’s time to demand term limits, electoral recall laws and public referenda.

One Nation, One Vote?
If Nigeria wants to criminalize non-voting, it must first legalize voting for all its citizens at home and abroad. We cannot be expected to carry the nation’s economy on our backs while being excluded from shaping its political destiny. This is not only unjust; it is undemocratic, unconstitutional and unpatriotic.

The Tinubu administration must be reminded: citizenship is not geographical, it is constitutional. Until the diaspora is given a voice in the ballot box, any talk of compulsory voting is nothing but a charade dressed in legal robes.

To paraphrase the late Nelson Mandela, “To deny people their human rights is to challenge their very humanity.” The Nigerian diaspora is not asking for a favor, we are demanding our fundamental rights.

We are Nigerians.
We vote with our money.
We vote with our ideas.
Now, let us vote with our ballots.